MATRIMONIAL LAWYER IN NOIDA
We recognize that getting a divorce is one of the most painful experiences that people can go through. It’s because of this, that we can empathize and relate to you and what you are going through. You need a team of legal professionals who believe in you and your future. We want to help you make your divorce proceedings as pain-free as possible for you, your children, marital assets, and the toll it takes on your life. Our legal prowess and knowledge of Indian divorce law has shaped us into a formidable force who fights to get you what you deserve, regardless of how aggressive the other side may be.
It doesn’t matter if you need divorce lawyers in Noida or even divorce lawyers in Ghaziabad, our team of legal professionals have the experience and background that you need to build a solid case. You need a team who understands what to do every step of the way and fights for you until there is a result. You can be rest assured, by hiring the best divorce lawyers in Delhi NCR, you will be getting the lawyers you need.
You need the best divorce lawyers in Noida to handle your case and get the outcome that suits both parties. Getting a divorce can be a tough and strenuous experience, but it doesn’t have to be. We will assist you every step of the way with what you are going through and see your situation from both sides. You can be sure that you will get a tailor-made solution for your case and it will be handled by reputable lawyers with years of experience and successful cases.DIVORCE LAWYER IN NOIDA
AK Tiwari & Associates is a popular Divorce Lawyer's in Noida and Ghaziabad, for people from all communities and segment come to us for their various marital discords and avail the best of our services. Hiring experienced divorce lawyer is the best way to get peace of mind for couple's seeking divorce or when dealing with matrimonial cases, your mutual divorce petition, contested divorce, alimony, domestic violence, or any other related matters. Mutual Consent Divorce was brought into act by the Indian Parliament. Divorce by Mutual Consent is the simplest and easiest way of dissolving marriage. Procedure for Mutual Consent Divorce is laid down as under for easy understanding:-1. Both Parties i.e. Husband and Wife have to reach to Mutual understanding and agreement regarding terms and conditions for Divorce.
2. On the basis of settlement and agreement, petition for Mutual Consent is drafted. Under Hindu Marriages, such Petition is filed under section 13 B of the Hindu Marriage Act. Under Christian Marriages, section 10 A of the Indian Divorce Act. Under secular or civil marriages, section 28 of the Special Marriage Act.
3. Divorce Petition will be drafted which will include terms of settlement agreed between parties.
4. Such Mutual Consent Divorce Petition shall be filed in the Court as court procedure.
5. Matter will come up for hearing in the Court and generally parties have to be present before the Court and their statement is recorded.
6. After recording of statements, First Motion will be passed.
7. Court gives six months time to parties to reconsider their decision. This is called cooling period generally. Second Motion is set up.
8. Aforesaid steps shall be repeated. Statement of parties will be recorded again.
9. After such recording of statement, Court will grant pass order and judgement, decree for divorce is granted. We are leading Divorce lawyer in Noida.
DIVORCE BY MUTUAL CONSENT BY POWER OF ATTORNEY & VIDEO CONFERENCE:
Some states like Delhi allow statement of one party to be recorded through power of attorney. We are leading Divorce Lawyer in Delhi, Noida and Ghaziabad. Some Courts along with power of attorney also conduct video conferencing for Mutual Consent Divorce. This process is quite useful and advisable in case party or parties living outside India. Thus, for Divorce by Mutual Consent for NRI is possible without physical presence. It saves time, energy and money. Six months Waiver in Mutual Consent Divorce:- Law specifically provided six months gap or waiting period between First Motion and Second Motion. Prior to 2009, compliance of six months waiting was not mandatory. But, in 2009, Supreme Court made it mandatory and took away the power of the Family Court or the District Court to waive of period of six months. But, Supreme Court still has power to waive of the period of six months. Thus, Supreme Court is the only Court which has the power to dissolve the marriage in less than six months.
NRI Mutual Consent Divorce lawyer in Noida and Ghaziabad
AK Tiwari & Associates is one of the best Mutual Consent Divorce lawyer in Noida.
Advisory & Procedures :-1. Advisory and Strategising the Needed Compliance’s for Mutual Consent Divorce
2. Checking the Details of the Parties along with Needed Inputs.
3. Sorting out Issues along with Needed Exchanges of Moveable and Immovable Assets Articles and Properties.
4. Taking Necessary Details of the Parties Required for Drawing of Paper Work i.e. Petitions along with Consent Terms and Note of Legal Representations.
5. Court House Filing of the Paper work along with Court House Appearances.
6. Assisting the Objections Stage at Court House before Final Admission of the Petition
7. Appearances In the Court House for Needed Verification and Counseling Procedures
8. Final Hearing along with Counseling and Final Documentations i.e. Preparing Necessary Evident Affidavits as per Procedures.
9. Applications for Certified Copies of the Final Orders.
AK Tiwari & Associates provides best family court lawyer in Noida, matrimonial lawyer in Noida, divorce lawyers in Delhi, divorce lawyer in Noida, divorce lawyer in Ghaziabad, divorce laywers near me, best divorce lawyer in Noida. Our team has best Noida family court advocates who will assist clients in efficient manner for Contested divorce. It is easy task to get good family court Noida lawyers but the question comes about the transparency and credibility. Our team provides divorce lawyer in Noida as per the requirement of client considering the overall factual position and also explain mutual divorce. List of the mutual consent divorce lawyers in Gautam Budh Nagar and best divorce lawyers in Noida are easily available on the internet, only thing you must convey your purpose and object to the mutual divorce lawyer so that he or she could help you in better manner. So when question comes best divorce lawyer in Noida? or divorce lawyers near me? Don’t hesitate to take appointment for Divorce lawyers from our firm. No need to search mutual divorce lawyer near me, we are here to help. Mostly female becomes victims of the marriage and bad patch and past experience creates wrong image about the all males including male lawyers too and then female victims starts searching female divorce lawyers near me and even if its mutual consent divorce they think their will be misleading by male lawyer while mutual divorce procedure.
Restitution of conjugal rights is a remedy available to spouses that can be ordered by the Courts. Spouses can seek orders made by the Court, in situations where a spouse has left the company of the other spouse, for the restitution of conjugal rights. If the spouse filing the application to the Court is successful, the Court will then direct the other spouse to rejoin the company of their spouse. For such orders not to be made, there needs to be very strong reasons in support of the spouse who has left the company of the other spouse. Restitution of conjugal rights is a method generally used in matrimonial law cases.
498A ALLIED CRIMINAL CODE PROCEEDINGS
Matrimonial proceedings are currently not confined to the civil and family law jurisdiction. In many cases, where cruelty or harm is caused to a wife by a husband or relative in relation to dowry demands, under section 498A if the Indian Penal code a criminal case is filed against the people who caused the cruelty or harm. Further, cases can be brought under section 406 of the Indian Penal Code for breach of trust alongside of provisions of the Code and the Dowry Prohibitions Act. At first instance in matters of this nature, the defendant(s) has to apply for interim protection, anticipatory bail and regular bail, though it is not only limited to there. We have expertise in both defending and prosecuting cases of this nature. We have lengthy experience in court procedures, as well as attempting to negotiate and settle the issues as expeditiously as possible. This minimizes the potential harm done in matters of this nature.
ANNULMENT OF MARRIAGE
A party can seek annulment of his or her marriage by lodging a petition. There are a number of circumstances under which such a petition can be lodged, which we have expertise in. Once the petitioning party is successful in proving his or her case, the marriage will be declared null and void. The practical effect of such a declaration is that the Court finds the marriage has not taken place at all, but the parties are not labelled as “divorcees”. In the Indian framework, annulment of marriage is important as it provides a mechanism for situations where a marriage has been solemnized under fraud or where one of the spouses is already married.
DIVORCE MEDIATION & COUNSELLING
It is well known that matrimonial disputes have a large effect on the emotions, mental health, egos and feelings of the parties involved. Human nature is unfortunately difficult to predict. Accordingly, it can be difficult to see that, on occasions, we may not necessarily be correct or right in our views or actions and, equally, that others may be right, even though that may not support a position or view held. Ultimately, no one is perfect. Having perspective relating to other people’s points of views and positions can help relationships succeed. However, this is not always the case. In these situations, the engagement of a counsellor or mediator may be warranted and prudent. Counsellors and mediators are always impartial and can look at the situation involving the parties in an objective manner. In many cases, counsellors and mediators can and will make suggestions to the parties to help resolve issues and rebuild and repair relationships that have fractured.
That said, there are always cases where counselling and mediation may be futile, though it is hoped these are rare. In these circumstances the counsellor or mediator may suggest that divorce is the best option for the parties. Though this can be difficult to accept, it is sometimes the case where a relationship is beyond repair and the spouses are unable to reconcile their differences or solve their problems. However, in any situation, mediation and counselling can be beneficial. All issues can be addressed and the interests of all the parties will be considered, which is particularly important when dealing with issues like child custody and divorce. Accordingly, we suggest and facilitate counselling and mediation in any situation where we think it might be beneficial to the interests of the parties, and may save time, costs and stress. Divorce Lawyer in Noida is the the team of expert lawyers based in Mumbai with 25 years of experience in handling divorce related matters. We have had more than hundreds of successful cases so far about handling divorce maintenance. Book an appointment by using our online facility or give us a call to discuss your case.
Maintenance is an important part of all matrimonial proceedings. An application for maintenance is filed by a spouse who does not have the means in which to support themselves and, thus, requires maintenance.
Maintenance is divided in to two parts, specifically:
INTERIM MAINTENANCE: Interim maintenance is provided while court proceedings are ongoing. The effect of an interim maintenance order is that the party receiving maintenance is not disadvantaged because of their inability to support his or herself while the proceedings are ongoing. The quantum and frequency of interim maintenance varies, but the status of the parties prior to the proceeding is strongly considered, as well as the income and means of the party against whom maintenance is claimed. The goal on interim maintenance is to maintain a level playing field for the parties.
PERMANENT MAINTENANCE: Permanent maintenance is decided at the conclusion of matrimonial proceedings. The Court will make an order or orders for maintenance on a permanent basis. These orders will depend on the facts and circumstances of the case itself and how the Court ultimately finds. Divorce Lawyer in Noida is the the team of expert lawyers based in Noida and Ghaziabad with experience in handling divorce related matters. We have had more than hundreds of successful cases so far about handling divorce maintenance. Book an appointment by using our online facility or give us a call to discuss your case.
MUTUAL CONSENT DIVORCE
Mutual Consent Divorce came into force by act of the Parliament of India amending the Hindu Marriage Act in 1976. Since coming into force, Mutual Consent Divorce has brought reassurance to many Indian citizens. Our firm understands this and, when we consider it appropriate in the circumstances, we will suggest this as a way forward to clients in order to avoid long, costly and drawn out litigation. As prescribed in the law, the minimum time period in which a Mutual Consent Divorce is six months, though parties can file their secondary petition between six and eighteen months after filing the first Mutual Consent Divorce Petition. Many aspects of Mutual Consent Divorce can be difficult, challenging and perplexing; including:
• Initiating Mutual Consent Divorce Proceedings;
• Practices and procedures of the Courts;
• Time periods around Mutual Consent Divorce
• Terms and conditions of Mutual Consent Divorce;
• Spousal maintenance; and
• Custody of children;
We specialise in creating an atmosphere where the parties to a Mutual Consent Divorce can communicate in an open manner, minimising the stress and grief involved. Once a husband and wife have come to the realisation that their marriage is no longer sustainable, though it is difficult, they should openly accept that their marriage has broken down. These decisions are not easy, and society often places pressure on couples to stay together, however, the happiness and quality of life of the husband and wife is more important than these issues. Further, raising children in an environment where a marriage has broken down can have an extremely negative impact on children. We will assist in working out how the custody of children is arranged, noting that it is most important that the welfare of the child or children is the primary concern. This includes physical custody, visitation, and interim custody during holidays. Ideally, we like to see both parents take an active role in the raising and development of their children and will strive for this.
Once the Petition has been filed, the parties will be required to attend Court to record the necessary statements. Power of attorney can be granted in situations where a party is unable to attend, though this is normally granted to a close relative. The recording of this statement is colloquially known as the First Motion. After a period of no less than six months has elapsed from the First Motion, the parties can then move to have the Second Motion heard. This period of time is there to allow possible reconciliation between the parties. Also, either party can withdraw their consent to the divorce proceedings in this period. However, if the parties seek the Second Motion, they or the person who has been granted power of attorney will need to again appear in Court. Another statement will be recorded. Thereafter the Court will then grant a decree of divorce and the marriage will be dissolved.
Judicial separation is, in many cases, a part of the process towards divorce. Section 10 of the Hindu Marriage Act states the grounds under which judicial separation can be ordered. These grounds are similar in their nature to the grounds under which divorce can be sought. If the party applying to the Court for judicial separation is successful, a decree is then issue by the Court for judicial separation. The practical effect of this is that the parties may then live separately. The standard of proof required to successfully apply for judicial separation, however, is lower than that required in contested divorce proceedings. Once judicial separation has been issued by decree, so long as the parties have not cohabitated for a period of no less than twelve months, the parties can then apply for divorce. Judicial separation proceedings can also be, subject to the Court’s approval, be converted into divorce proceedings.
What is judicial separation? Judicial separation is the last step in the divorce proceedings, before the actual divorce itself. It can be called as the last resort before the complete legal breaking of the marriage. Through the decree of judicial separation, the court orders the husband and wife to live separately, giving each party time and space for introspection.
By far the most complex, difficult, challenging and important issue during divorce proceedings is that of child custody. It is often the case that children of any age are exposed to pain and suffering that is no fault of theirs. In almost all cases, both parents want to retain custody of their child or children. In the Indian system, the custody of children is decided by the Court of Guardians and Wards. The Court holds the welfare of children as the most important issue to be decided in proceedings where custody is being sought by both parties.
PERMANENT CUSTODY: After determining all the issues before it, the Court will grant custody of the children to one party.
INTERIM CUSTODY: While proceedings are still pending before the Court (or in other circumstances where a final determination has not been made), the Court can grant interim custody to one of the parties. Further, the Court has the power to grant interim custody of children to the other party during periods such as holidays and vacations.
VISITATION RIGHTS: Except in extremely rare circumstances, every parent has an unquestionable right to spend time with his or her children. Accordingly, it is the case that a parent who is not awarded custody of his or her child by the Court will still have the right to meet and spend time with his or her children. Reasonable visitation rights, allocating times, dates and locations, are ordered by the Court which allows the parent to maintain and develop their bond with his or her child.
Divorce Lawyer in Noida is the the team of expert lawyers based in Noida and Ghaziabad with experience in handling divorce related matters. We have had more than hundreds of successful cases so far about handling child custody. Book an appointment by using our online facility or give us a call to discuss your case.
Why Matrimonial Lawyer in Noida?
If you have decided to choose an attorney with elegant dresses, shoes, and looks, you are probably going on the wrong path. Choosing the right Matrimonial lawyer in Noida should be based on his experience, qualifications, and confidence. If you aren't sure about the talent of your attorney, make sure you follow the below-mentioned steps. Here we've curated a list of ways to help you find out whether or not he is passionate enough to make you win.
Do online research
One of the best ways to check the lawyer's expertise is by going through proper online research. You can check the reviews of past clients and the ongoing cases. A lawyer with happy clients is what your choice needs to be. Furthermore, a few legal sites such as Yelp, Google, Avvo, etc., provide you with reviews of different clients. Make sure you read out the reviews and communicate with the past clients to get an idea of the service.
Check the website of a lawyer
The next way to determine the strength of Advocate for Matrimonial Case in Noida is by checking out their website. Usually, a lawyer's website contains publications, testimonials, and accolades. You can find a free consultation over the website, make sure you schedule a free consultation and then make your final decision. If you can't find the offer for a free consultation, feel free to ask them.
State bar profile
Reviewing the directory of the state bar association will enable you to learn about different licensed lawyers near you. It contains the list of lawyers, along with their contact information and license. Use your state bar number and determine whether or not your trusted Matrimonial lawyer in Noida is licensed. The list will show you the recent information regarding the troubles your lawyer is going through. Picking up the right Matrimonial Lawyer in Noida can be quite hard. But once you have found the right one, it is going to pay you off later. Remember, a lawyer who holds years of experience in your type of case should be your first stop.